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Observing Hijab in Muharram

Question 286: One thing that am disagree and as am faild to justify my views against this, is unveild women coming in the jaloses of men in moharram and chehlam. As this called bepardgi which is not Mission e Imam Hussain as. At all. Please answer me regarding this issue. Thanks

Answer 286: The philosophy behind the hijab for woman in Islam is that she should cover her body in her associations with men ‘whom she is not related to according to the divine law’ (na-mahram) and that she does not flaunt and display herself.

The verses of the Holy Quran which refer to this issue affirm this and the edicts of the religious jurisprudents confirm it. The concept of hijab is to create a healthy environment in the family and society.

If we study hijab from a Quranic perspective, we will see that the Quran sorts out hijab into different kinds one of which is the modest covering of the body. In order to clarify the discussion, we will enumerate the different kinds of hijab from the perspective of the Holy Quran:

1) Modesty in looking as the Quran says: “Say to the believing men that they should lower their gaze and guard their modesty” and also, “And say to the believing women that they should lower their gaze and guard their modesty,”[1]

2) Hijab in utterance: Women have advised how to speak to strangers (males outside of their family): “O wives of the Prophet! you are not like any other of the women; If you will be on your guard, then be not soft in (your) speech, lest he in whose heart is a disease yearn; and speak a good word.”[2]

3) Hijab in conduct: Women have been guided how to conduct themselves when in front of strangers. They have been ordered not to attract strangers’ attention by showing their ornaments and beautifications: “…and that they should not strike their feet in order to draw attention to their hidden ornaments.” [3]

Note: It is necessary to mention that one of the main missions of Imam Hussain (as), by which he himself along with his followers and families have been killed by their enemies for, was to revive the pure Islam of the Holy Prophet (saws) by “Amr bil Maroof wa Nahi ‘anil Munkar,” which means recommending us the Maroof (lawful acts) and forbidding us the Munkar (unlawful acts). Hijab is an obligatory (wajib) act that a woman must observe, but mourning for Imam Hussain (as) is a recommended (mustahab) act. Therefore, they are supposed to mourn for Imam Hussain (as) if they have a proper hijab.
As a result, if a woman doesn’t observe her hijab deliberately and comes in the majlis of Imam Hussain (as) in this state, her azadari wouldn’t be considered as sahih.

For further information in this regards, please read the following answer:

Index: Philosophy of Hijab during prayer, answer 020.

Index: Hijab of Sayeda Fatima al-Zahra (sa), answer 492.

Index: Men and Women: Covering body in prayers, answer 594.

[1] . Al-Noor, 30: قُلْ لِلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصارِهِمْ،; Al-Noor, 31: قُلْ لِلْمُؤْمِناتِ يَغْضُضْنَ مِنْ أَبْصارِهِنَّ،.

[2] . Al-Ahzab, 32: فَلا تَخْضَعْنَ بِالْقَوْلِ فَيَطْمَعَ الَّذِي فِي قَلْبِهِ مَرَضٌ.

[3] . Al-Noor, 31 وَ لا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ ما يُخْفِينَ مِنْ زِينَتِهِنَّ.

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Rules on adultery and its punishment

Question 238: Assalam aleikum wa rahmatu Allah wa barakatuhu. I would like to ask a question concerning rape. I live in Finland and now there have been lots of reports of rapes happening. In all the cases the rapist is an asylum seeker. Latest rape happened in Sweden where a swedish woman was raped and after she was raped she walked for 100 meters and was raped again by another asylum seeker. This made me think, what is the punishment of rape according to ahlulbayt (as)? May Allah bless you all.

Answer 238: Adultery is a great sin according to the Quran. God, the Exalted, says: “Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).”[1] In this short verse, three important points have been mentioned:
A) The verse says “do not get near adultery” which not only incorporates an emphasis but it also connotes that the evil of adultery normally has certain preliminaries which drives a man to adultery gradually. An unlawful gaze, nudity, immodesty, reading sex stories, watching porn movies, bad company, privacy with a non-mahram (a man’s being together with a woman in a private place) and finally not taking action for marriage and unreasonable restrictions imposed by both sides in this regard serve as preliminaries leading a person to adultery. The aforementioned short verse forbids all of the above in an implicit manner. However, the Islamic traditions forbid each one of them separately.

  1. B) The sentence “إِنَّهُ كانَ فاحِشَةً” [verily, it is a shameful (deed) and an evil] consists of three emphasis (The term ‘verily’ plus the past tense of the verb ‘kana’ and the term evil) makes further tangible the greatness of this tangible sin.
  2. C) The sentence “ساءَ سَبِيلًا” [it is a bad way] indicates that this evil act opens the road to other evils in society.”[2]

In any event, both zina (which is intercourse taking place between a man and woman who aren’t married (permanently or via mut’ah) and the other acts that lead to it and are usually done before it are great sins, and the practical difference between the two is that in the former (zina), the Islamic governor or judiciary can carry out the hadd on the fornicating individual (which is a punishment specified in the Quran)[3].

On the other hand, if the man and woman haven’t committed zina and what they have done are other unchaste acts between each other, they have still sinned and the judiciary can punish them; the punishment’s harshness depending on the greatness of what they have done (this type of punishment is called ta’zir).

Note: If a man has raped a woman he would be executed, according to Islam.[4] If the woman has no choice but to kill him there would be no problem to do so. Considering the man’s blood is wasted, if she kills him there is no need to pay his blood money.[5]

Related Link: Facebook.

[1] . Isra (Night Journey), 32, وَ لا تَقْرَبُوا الزِّنى إِنَّهُ كانَ فاحِشَةً وَ ساءَ سَبِيلًا As for the prohibition of adultery/fornication, see: Al-Furqan, 68 and 69; Al-A’raf, 33; Al-An’am, 151; Kulayni, Ya’qub, translated by Mustafavi, Sayyid Jawad, Usul-e Kafi, vol.3, pg. 391, Wafa Publications, 1382 (2003); Najafi, Muhammad Hassan, Hurr Amili, Wasail al-Shi’ah, vol.28, Kitab al-Hodud, Jawaher al-Kalam, vol.41, pg. 260 and 258, Dar Ihya al-Turath al-Arabi, Lebanon, 1981.

[2] . Tafsir Namuneh, vol.12, pg. 103.

[3] . Nur:2 “الزَّانِيَةُ وَ الزَّاني فَاجْلِدُوا كُلَّ واحِدٍ مِنْهُما مِائَةَ جَلْدَةٍ وَ لا تَأْخُذْكُمْ بِهِما رَأْفَةٌ في دينِ اللَّهِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَ الْيَوْمِ الْآخِرِ وَ لْيَشْهَدْ عَذابَهُما طائِفَةٌ مِنَ الْمُؤْمِنينَ” (As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law, if you believe in Allah and the Last Day, and let their punishment be witnessed by a group of the faithful).

[4] . Imam Khomeini, Tahrirul Wasilah, Vol. 2, Pg. 439, Hadd al-Zina, al-Ikrah ala al-Zina; Khuei, Sayyid Abul Qasim, Mabani Takmelah al-Minhaj, Pg. 194, question 153. There is no difference between Mohsen (married man) and other than that.

[5] . Makarem Shirazi, Naser, Istiftaat (legal advice) Jadid (new), Vol. 3, questions 899 and 900, the school of Imam Ali bin Abi Talibs (as) publication, Qom, second edition, 1427 A.H.

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Wife’s Illegal Relationship / Ways to understating each other

Question 054: What is the rule of a wife’s illegal relationship with non-Mahram? My wife had an illegal relationship and I caught her red-handed. I asked her about their relationship but she didn’t acknowledge any relationship. I explained to both of them what they were doing. She promised me that henceforth she would never talk to or have any relationship with him at all. She however, talked to another guy and the same thing happened. Why is she doing this? What is wrong with her?

Answer 054: There would be no problem to interact with others in ways that are necessary for communication in daily life if there is no such a fear that we might fall into a sin. Unnecessary and unconventional behavior such as, amorous conversations and physical relationships between non-Mahram man and woman is not allowed.[1]

This unlawful behavior could be the consequence of several root causes, some of which will be explored below. Some recommendations will also be given that will enable you to intervene and prevent her from continuing to commit such sins.

Abnormal behaviors in your wife could be the result of several factors caused by you, that are likely to include emotional distress, verbal abuse, or even sexual deficiencies that have arisen during the course of the marriage.

Women need validation, appreciation and positive attention from their husband in order to maintain healthy behaviors. Also, any unconventional matters in your conjugal life may have discouraged her to get married to you, but she may have consented to marry you because of a particular factor and condition. The last and most important reason could be ignorance of the negative and harmful consequences of her sin and her weakness in her faith in Allah (swt).

The recommended action would be to have a sit down with your wife and inquire in an intimate and friendly manner about these behaviors.

If it is your behaviors and actions which caused her to establish such communications with others, try to correct your behaviors and actions. If there are other factors which could have caused these behaviors in her, try to establish what these factors are and together work to find the best solution for each problem. In any case, make her aware of the negative and harmful consequences of such sins and remind her of the Day of Judgment. In this regards, Allah (swt) says: “O you who believe! turn to Allah a sincere turning; maybe your Lord will remove from you your evil and cause you to enter gardens beneath which rivers flow, on the day on which Allah will not abase the Prophet and those who believe with him”” Their light shall run on before them and on their right hands; they shall say: Our Lord! make perfect for us our light, and grant us protection” Surely Thou hast power over all things”[2]

For further information in this regards, please refer to the following answer:

Index:  Premarital relation with non-Mahram is impermissible, answer 082.

Index: Disclose Unlawful Relations to a Potential Wife!, answer 053.

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

[1] . For further information, please visit: The official website of the office of Sayyid Sistani (ha), Rules concerning Male and Female Relations.

[2] . Surah al-Tahrim, verse 8.

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Shaking Hands with non-Mahram Man or Woman

Question 603: Salamu Alaykum wa Rahmatullah wa Barakatahu. Generally what is the ruling on Shaking Hands with non-Mahram? Can a woman shake her hands with a non-Mahram provided that she is wearing gloves? I am looking for the Fatwa of Ayatullah Sistani on this issue.

Answer 603: Shaking hand without a barrier, such as gloves is not permissible, unless refraining from shaking hands will put you in a considerable harm or unbearable difficulty. In the latter case, you are allowed to shake hands to the extent of necessity only.[1]

What is clear and for sure is that one’s encounter with a non-mahram must be in a way that there is no sin or fear of sin involved.[2]

As far as physical contact between a non-mahram man and woman and shaking hands goes, one must say:

The great maraji’ have said in general: “Shaking hands with a non-mahram is impermissible, unless there is something that prevents direct contact [like gloves], or secondary rulings apply to the situation, such as Darurah (urgency and having no choice).”

For instance, Imam Khomeini says: It isn’t permissible for a man to touch the body of a non-mahram, even if it is the hands or face, unless it is done with gloves or over a cloth, given that there are no bad intentions and that the hand of the woman isn’t squeezed. The same goes for a woman in regard to a non-mahram man.

Also, it is permissible for a man to touch a woman and vice versa in extenuating circumstances (Darurah) when the only solution is physical contact, like in the cases of medical attention and saving one who is drowning or on fire[3]. Nonetheless, even in these cases, one should only confine himself to the amount of contact needed for the situation and no more.[4]

Considering the above mentioned issues, the circumstances aren’t urgent ones and Darurat doesn’t apply, therefore, if you are going to do so, you must somehow block direct contact using gloves and the like in order to refrain from haram.

For further information in this regards, please refer to the following answer:

Index:  Premarital relation with non-Mahram is impermissible, answer 082.

Index: Ways to Greet in Islam with Muslims and Non-Mahram, answer 369.

Index: Chatting on the internet with non-Mahram, answer 350.

Index: Impermissibility of confirming marriage tie with others during Iddah (waiting period), answer 554.

Related Link: Facebook.

[1] . The Official website of the office of Sayyid Sistani (ha), rules concerning Hand Shaking.

[2] Tawdih al-Masa’il of the maraji’, vol. 2, issue 2442; Ibid, pg. 809, second question; Masa’ele Jadid, vol. 1, pp. 137-138.

[3] For further information, see: Tawdih al-Masa’il (annotated by Imam Khomeini), vol. 2, questions 36 and 37; Jami’ al-Masa’il, Ayatullah Fazel, vol. 1, issue 1717; Ajwibah al-Istifta’at (Farsi version), question 1310, pg. 290.

[4] Nijat al-Ibad, Imam Khomeini, pg. 364, issues 23 and 24.

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Permissibility of a Father giving Daughters Picture to Non-Mahram

Question 084: What’s the ruling about parents giving Daughters Picture to Non-Mahram (suitor) or his family, without asking the daughter for her opinion, if she agrees to marry the boy or not? If the matter is rejected, what would be the ruling of the pictures (of the girl with and without hijab)? What’s the ruling of exchanging pictures with the intention of marriage between families, not caring if the matter would be rejected or not?

Answer 084: There is a right for the father to intervene, like the right of getting married for a virgin girl and the like, then it is quite obvious that his order must be carried out.[1] So, there would be no problem for a father to give his daughter’s picture to a family (covered one) or a boy (with or without hijab) in this regards.

Note: If a girl comes of age, reaching the age of bulugh and obligation, and is rashidah (meaning that she can tell what is to her benefit and what isn’t), she needs to get her father or grandfather’s (in the case of not having a father) permission if she is a virgin. If she isn’t a virgin as a result of legitimate intercourse [with a permanent or temporary husband], there is no longer any need for her father or grandfather’s permission.[2]

The following are some important rules we are recommended to take them into consideration:

Giving One’s Picture to a Non-Mahram

  1. There is no objection to a boy seeing your picture, if he has a genuine intention to marry you. 2. It is haram for him to look at your picture with lust. 3. If you do not want him to keep your picture with him, he must return you the picture and he does not have the right to keep it. 4. If the picture has no hijab, they would commit sin by seeing your picture without your permission.

The grand maraja’ answer in this regards (giving veiled (with hijab) picture to a boy whom he decided to marry you) is as follows:

Khamenei: There is no problem in it per se.

Makarem Shirazi: There is no problem in it in the said case.

Saafi Gulpaigani: If the man intends to marry her, he can see your picture but try not to let the picture remain with a non-mahram.

Rules regarding Looking at a Woman’s Body for Marriage – It is permissible for a man to look at a woman whom he intends to marry provided that:

– It is not with the intention of pleasure.

– It is to find out about her beauty or her defects.

– There should not be any barrier or hurdle to the marriage.

– He considers it problem that the girl will not reject him[3], in which case he can look at a woman’s face, hands up to the wrists, hair and a part of her body (neck and upper part of the chest).[4]

It should be noted that Grand Ayatollah Saafi believes that, “As an obligatory precaution, he must suffice to looking at her face and hands up to the wrists”.[5]

For further information in this regards, please refer to the following answer:

Index:  Premarital relation with non-Mahram is impermissible, answer 082.

[1] . See: Wasa’ilul-Shia, vol. 14, pp. 11-120.

[2] . Tawdhihul-Masa’ele of Maraje’, Vol.2, Pg. 387, question 2376.

[3] . Khamenei, Sayyid Ali, Ajwebat al-Istefaat, question 525; Sistani, Sayyid ali, Minhaj al-Salehin, vol.2, Nikah (Marriage), issue No. 28; Bahjat, Muhammad Taqi, Resalah Tawzih al-Masail, issue No.1944; Makarem Shirazi, Naser, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No, 26; Fazel Lankarani, Muhammad, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No. 26.

[4] . Makarem Shirazi, Naser, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No, 26; Ali bin Abi Talib Religious School, Qom; Sistani, Sayyid Ali, Minhaj al-Saalehin, vol.2, Nikah, issue No. 28; Tabrizi, Jawad, Isteftaat, question 1580, p. 355, Sarwar Publications, Sitara Publications, 3rd edition, 1385 (2006); Bahjat, Muhammad Taqi, Resalah, Tawzih al-Masail, issue No. 1944, p. 386, Publications of the Office of the Supreme Leader, Amir Printing Press, 18th edition,Qom, 1378 (1999). Tawzih al-Masail (with annotation by Imam Khomeini) vol.2, p. 485, issue No. 2433; Imam Khomeini, Sayyid Rohullah, Tahrir al-Wasilah, vol.2, Nikah (marriage), issue No. 28, Payam Printing House, fifth edition, 1365 (1986).

[5] . Saafi, Lotfullah, Hidayat al-‘Ibad, vol.2, Nikah (Marriage), issue No. 28. Adopted from answer        26645 IQ.

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Premarital relation with non-Mahram is impermissible

Question 082: I am in love with my teacher’s daughter and she also loves me very much. We have met each other a few times and message each other daily. Is there any problem and restrictions in our relation according to the Islamic laws?

Answer 082: Islam has prescribed marriage (temporary and permanent) to address this need, in addition to any sexual need, be it flirting, touching, caressing, and so forth, must only take place after marriage has been contracted. Even if boy and girl who are fiances and are planning on getting married in the future, but haven’t contracted any form of marriage yet, cannot take such pleasures in each other, even if it is only limited to having an intimate conversation or shaking hands.

As was said, in Islam, fulfillment of such needs must be within Islamic limits. Temporary marriage is one solution, but has stipulations and conditions that must be met, one of those being the consent of the virgin girl’s father (the rest of the conditions can be looked up in the risalahs).

According to the Shia point of view, the baligh virgin girl must get her fathers or paternal grandfathers (in the case of not having a father) permission if she wants to get married. In the case of her father or paternal grandfather not being present in a way that she can’t get their permission, and her having the need of getting married, their permission will no longer be a condition, if she can distinguish between what is to her benefit and what isn’t.

The same goes for the woman who isn’t a virgin; she doesn’t need to get permission either, if her virginity was lost to a previous husband. In the case of her virginity being lost by a mistaken intercourse, or even adultery, it is a mustahabb precaution to get permission if possible (which means it is better, although it still isn’t a condition and isn’t wajib).[1]

According to Sayyid Sistani (ha), it is not permissible for a boy and a girl to make friendship with each other in order to know each other before marriage. His Excellency also said: pre-marital relation permissible between a boy and a girl is not permissible under any circumstances. [2]

For further information in this regards, please refer to the following answer:

Index: Permanent or Temporary marriage of a married man without the permission of his wife, answer 565.

The official website of the office of Sayyid Sistani (ha), Question & Answer » Marriage. Ibid, Marriage » General Rules.

[1] . Tawdih al-Masa’il of the maraji’, vol. 2, Pgs. 449-460, 701-707 and 734-736 and 458-459.

[2] . The official website of the office of Sayyid Saistani, Question & Answer » Pre-marital Relation.

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Chatting on the internet with non-Mahram

Question 350:  Salam, what is the limits when you want to talk or even chat with females? By the way, my jurisprudence is Sayed Sistani?

Answer 350: According to Ayatollah Sistani (ha), all kinds of relations with a non-Mahram including joking, expressing mutual love, talking with the intention of deriving pleasure, looking at the body of a girl (except her face and hands up to the wrists) and at her hair or looking at her face with pleasure are haram (forbidden). In fact, if it is feared that they might fall into a sin, it is forbidden for them to have any kinds of relationship with each other. His Excellency also replied a question similar to talking to ones fiancé on telephone as follows: If it is feared that you might fall into a sin, it is not permissible. Since she is not related to you through nikah as of now, you cannot express love or start joking and becoming intimate with her.

The Ayatollah says: If there is a fear that a girl or a boy may be drawn towards sin, it is not permissible to chat with girls on the internet. Normally chatting ends up in a sin for both sides. [1]

According to holy Islamic Laws, any form of interaction between a non-Mahram man and woman, whether it is direct or indirect, is impermissible if it accompanied with lust, or there is fear of sin taking place. Otherwise, if there is no such a fear that you might fall into a sin, there would be no problem.

A glance at the fatwas of the maraje’ on questions about this issue clears everything up:

Question 1: When a non-mahram man and woman are speaking with each other, is there a difference between the dialogue being from far away or in person?

Answer (all of the maraje’): There is no difference in ruling and in both cases, if there is lust involved or fear of sin taking place, it is impermissible.[2]

Question 2: What is the ruling on chatting with the opposite sex and speaking of normal things?

All of the maraje’: If there is fear of corruption and sin taking place, it is impermissible.[3]

Question 3: Is it permissible for non-mahram men and women to greet each other?

All of the maraje’: If it is without lust and there is no fear of sin taking place, it is permissible.[4]

Question 4: What is the ruling on kidding with non-mahrams?

All of the maraje’: If it is with lust or there is fear of sin taking place, it is impermissible.[5]

Question 5: Is having a warm relationship between a boy and girl while working or in gatherings problematic?

All of the maraje’: Friendship between boys and girls is impermissible, because there is a fear of sin taking place. As for their relationship at work, if it doesn’t lead to corruption and Islamic standards are observed, it is permissible.[6]

Question 6: What is the ruling on writing to non-mahrams and speaking of sensual things via email with them?

All of the maraje’: Speaking of things that lead to corruption and pave the way to corruption are problematic.[7]

[1] . The official website of the office of Sayyid Sistani (ha), Question & Answer» Chat between Male & Female; Ibid, Male and Female Relations.

[2] Imam Khomeini, Istifta’at, vol. 3, question 52; Bahjat, Tawdih al-Masa’el, issue 1936; Makarem Shirazi, Istifta’at, vol. 1, question 819; Tabrizi, Istifta’at, issue 1622; Safi, Jame’ul-Ahkam, vol. 2, pg. 1673; Nouri, Istifta’at, vol. 2, pg. 656; Fazel, Jame’ul-Masa’el, vol. 1, question 1718; Khamenei, Ajwibah al-Istifta’at, question 1145; Al-Urwah al-Wuthqa, vol. 2, al-nikah, issue 3; Sistani, sistani.org (official website), questions 19 and 20; Wahid, office.

[3] Sistani, sistani.org (official website); Tabrizi, tabrizi.org (official website); the office of all of the maraje.

[4] Al-Urwah al-Wuthqa, vol. 2, al-nikah, issue 39 and 41.

[5] Ibid, issues 39 and 41; Fazel, Jame’ul-Masa’el, vol. 1, question 1720 and Khamenei, istifta’, question 782.

[6] Khamenei, istifta’, questions 651 and 779 and the offices of all the maraje’.

[7] Imam Khomeini, Istifta’at, vol. 3, miscellaneous questions, question 127; the offices of all the maraje’.

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Impermissibility of confirming marriage tie with others during Iddah (waiting period)

Question 554: Salam alaikum wa rahmatullahi wa barakatu. Thank you for this helpful and wonderful service. I have a question if you would be so kind to answer. If a lady is in iddah, is she allowed to talk to a man for the purpose of seeing if he will be a suitable husband after her iddah is over? Can she talk to him during iddah before he has formally proposed? Jazak Allah Khair and thank you

Answer 554: Divorce is of two types: Irrevocable divorce (Ba’in)[1] and revocable divorce (Rej’ie)[2]. And marriage proposal can be made directly or indirectly.

According to the Holy Quran and Islamic Law, a woman who is in her Rej’ie Iddah (waiting period) is not allowed to confirm the marriage tie with others whether directly or indirectly. Because, she is still considered as the wife of her husband, though she is allowed to be proposed indirectly during Ba’in Iddah.[3]

In this regards, Allah, the Most High says: “And there is no blame on you respecting that which you speak indirectly in the asking of (such) women in marriage or keep (the proposal) concealed within your minds Allah knows that you will mention them, but do not give them a promise in secret unless you speak in a lawful manner And do not confirm the marriage tie until the writing is fulfilled And know that Allah knows what is in your minds, therefore beware of Him And know that Allah is Forgiving, Forbearing”.[4]

Note: According to maraja (ha), all kinds of relations with a non-Mahram including joking, expressing mutual love, talking with the intention of deriving pleasure, looking at the body of a girl (except her face and hands up to the wrists) and at her hair or looking at her face with pleasure are haram (forbidden). In fact, if it is feared that they might fall into a sin, it is forbidden for them to have any kinds of relationship with each other. [5]

For further information regarding Ba’in divorce, please read the following:

The irrevocable divorce has five types:

1) The divorce of the woman who has not completed nine years of age.

2) The divorce of the menopausal woman (Yaa’isah) who has passed fifty years of age.

3) The divorce of the woman whom her husband had not had intercourse with her after the marriage.

4) The divorce of the woman who has been divorced three times.

5) The Khala’[6] and Mubarat[7] divorce.

Whatever is aside from these are the revocable divorce (Rej’ie).

[1] . Ba ‘in (Talaq-i): An irrevocable divorce after which a woman is free to conclude a contract of marriage with another husband, indeed, after completing the prescribed period called Iddah, and the husband divorcing her irrevocably cannot recall her except by contracting a fresh marriage with her subject to the restriction of the prescribed number of such remarriages by the same husband.

[2] . Meaning that it is permissible for the man to return to his wife during the seclusion (‘Iddah) without need of renewing the marriage contract.

[3] . Golpayegani, Sayyid Muhammad Reza, Majma al-Masael, Vol. 2, Pg. 256, Dar al-Quran al-Karim, Qom, second, 1409 A.H; Imami, Sayyid Hasan, Huquq Madani, Vol. 4, Pg.  270, Islamiyyah Publication, Tehran, Bita.

[4] . Surah Baqarah, verse 235.

[5] . The official website of the office of Sayyid Sistani, Chat between Male & Female

[6] . The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula’ Divorce. The hatred must have reached a proportion where she would not allow him conjugal rights.

[7] . If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called ‘Mubarat’.

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Philosophy of Hijab during prayer

Question 020: Why must a women be covered when she prays to Allah (swt) in her own home and please provide Hadith. Is it merely to show respect? Is it to induce feelings of modesty and piety psychologically? It must be for our benefit as Allah (swt) is our creator and sees all whether we are we are covered or not. What is the philosophy of Hijab during prayer?
Answer 020: Setr (covering) is one of the Islamic Jurisprudence rules. In Islam, covering is not specialized for the women only and men have such special Islamic rules. Covering during praying is one of the rules in this matter. Perhaps the purpose of covering ourselves when praying is that the dignity and personality of a man requires him\her to show his\her respect for Allah (SWT) even there is no one in the room where praying can see him\her. Probably, we can conclude that the benefit of covering is at first observing this dignity and personality. The following are some reasons regarding why women must cover themselves when praying:

  1. According to all Muslims, in Islam every Islamic sects are unanimously agreed that a woman must have a particular covering.[1]
  2. Narrations: there has been narrated some traditions in which stated that a woman must have special covering during prayer as follows, so we can conclude that this is the one that scholars have been issuing such fatwa in this regards: [2]

  3. Imam Muhammad Baqir (as) has said: “A woman must offer her prayer on Khimar (scarf) and Dir’ in Arabic :

درعcloth like a shirt, called Dir’ (درع) which would cover from about the middle of their chest down to their knees or lower than the knees.) in case the dress is not thin”.[3] In Fiqhi term Khimar means something that a woman can cover her head and hair by. In the Holy Quran Allah (SWT) says: “And tell the faithful women to cast down their looks and to guard their private parts, and not to display their charms, except for what is outward, and let them draw their scarfs over their bosoms, and not display their charms except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers, or their brothers” sons, or their sisters” sons, or their women, or their slave girls, or male dependents lacking] sexual [desire, or children uninitiated to woman’s parts. And let them not thump their feet to make known their hidden ornaments. Rally to Allah in repentance, O faithful, so that you may be felicitous”.[4]

  1. Ibn Abi Yafour has narrated from Imam Sadiq (as) as He said: “A woman must offer her prayer while she wore three kinds of clothes: Izar (the traditional long wide dress that envelope the body from head to toe, Dir’ and Khimar (scarf). There is no problem to cover her head and neck by Khimar. If she hasn’t these three clothes she must offer her prayer with two clothes. i.e. use one of the both as Izar (like skirt) and cover her lower part of body and the other as scarf (by which cover her head and the upper part of her body). I asked the Imam that what should the woman do if she has nothing but Dir’ and Malhafa (chador or bed sheet) and doesn’t have scarf? Imam has replied: No problem. She is supposed to use Chador in order to cover her body from head to toe.”[5]
  2. Zorara bin A’ayon has asked Imam Baqir (as): What is the minimum dress a woman can offer her prayer by? The Imam (as) has replied: “Dir’ and Malhafa (like Chador) in a way that covers all parts of her body.”[6]

Note: According to maraja, a woman is allowed to keep her face and hands uncovered in the presence of a non-Mahram man, provided that she does not fear of getting into a harãm act, that the exposure of her face and hand does not cause men to gaze at her in a forbidden way, and that it does not give rise to immorality in general. Otherwise, it is obligatory on her to conceal [her face and hands], even from those who are mahram to her. It is not permissible for a woman to expose the top part of her feet to a non-mahram onlooker. However, she is allowed to keep her feet —top as well as sole— exposed during salãt, if she is in a place where she is immune from the looks of a non-mahram person.[7]

[1] . Borojerdi, Hussain, Taqrir Bahth al-Sayyid al-Borojerdi, by: Ishtihardi, Sheikh Ali Panah, Vol. 1, Pg. 67, Office of Islamic Publication, Qom, 1416 A.H.

[2] . Refer to: Taqrir Bahth al-Sayyid al-Borojerdi, Vol. 1, Pg. 67.

[3] . Mahmood Abdul Rahman, Mojam al-Mustalihat wa al-Alfadh al-Fiqhiyah, Vol. 2, Pg. 79, Darel Fadilat, Cairo, 1407 A.H.

[4] . Surah al-Noor, verse 31.

[5] . Al-Kafi, Pg. 395 – 396. The Arabic version of this Hadith is follows: «مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ الْحُسَيْنِ بْنِ سَعِيدٍ عَنْ عُثْمَانَ بْنِ عِيسَى عَنِ ابْنِ مُسْكَانَ عَنِ ابْنِ أَبِي يَعْفُورٍ قَالَ قَالَ أَبُو عَبْدِ اللَّهِ ع تُصَلِّي الْمَرْأَةُ فِي ثَلَاثَةِ أَثْوَابٍ إِزَارٍ وَ دِرْعٍ وَ خِمَارٍ وَ لَا يَضُرُّهَا بِأَنْ تُقَنِّعَ بِالْخِمَارِ فَإِنْ لَمْ تَجِدْ فَثَوْبَيْنِ تَتَّزِر بِأَحَدِهِمَا وَ تُقَنِّعُ بِالْآخَرِ قُلْتُ فَإِنْ كَانَ دِرْعٌ وَ مِلْحَفَةٌ لَيْسَ عَلَيْهَا مِقْنَعَةٌ فَقَالَ لَا بَأْسَ إِذَا تَقَنَّعَتْ بِالْمِلْحَفَةِ فَإِنْ لَمْ تَكْفِهَا فَلْتَلْبَسْهَا طُولًا»

[6] . Sheikh Tusi, Tahzib al-Ahkam, researcher: Moosavi Khurasan, Hussain, Vol. 2, Pg. 217, Darel Kutubel Islamiyah, Tehran, fourth edition, 1407.

[7] . The official website of the office of Sayyid Sistani (ha), Women’s issues » General Rules.